ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, February 21, 1996 TAG: 9602210057
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
DATELINE: OKLAHOMA CITY
SOURCE: Associated Press
A federal judge moved the Oklahoma City bombing case to Denver on Tuesday, saying the need to protect the defendants from a vengeful public outweighs the desire of the victims' families to attend the trial.
Timothy McVeigh and Terry Nichols ``have been demonized'' in the news media, U.S. District Judge Richard Matsch wrote. ``There is so great a prejudice against these two defendants in the state of Oklahoma that they cannot obtain a fair and impartial trial at any place fixed by law for holding court in that state.''
He did not set a trial date.
Prosecutors had urged Matsch to move the trial to Tulsa, about 90 miles from the bomb site, so that victims' families could attend easily. But Matsch, chief federal judge in Denver, sided with the defense, which wanted the trial held in Denver.
``The interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court's obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements,'' the judge said.
The April 19 bombing of the Alfred P. Murrah Federal Building killed 169 people and injured more than 500 in the deadliest terrorist attack on U.S. soil.
Matsch said news coverage of the bombing was extraordinarily heavy in Oklahoma and went into great detail about the investigation and the victims.
``Because this was a crime that occurred in their state, Oklahomans wanted to know every detail about the explosion, the investigation, the court proceedings and, in particular, the victims,'' the judge said. ``There is a fair inference that only a guilty verdict with a death sentence could be considered a just result in the minds of many.''
McVeigh and Nichols could face the death penalty if convicted of murder and conspiracy.
Victims' families said it will be hard for some to attend the trial 500 miles away.
``I plan on going several times during the trial, but not every day,'' said Aren Almon, whose 1-year-old daughter Baylee died in the bombing and was photographed in the arms of a firefighter.
Keith Coverdale, whose sons Aaron, 5, and Elijah, 2, died in the building's day-care center, said: ``We in Oklahoma didn't choose for them to come here and for this bomb to blow up here. We are all victims in this state, and this will bring hardship on some families to attend.''
Attorney General Janet Reno said the federal government will do everything possible ``to provide survivors and loved ones with an opportunity to observe and follow events in the courtroom.''
Oklahoma Gov. Frank Keating said he, too, will work to see that the families have ways of getting to the trial.
Under the broad definition used by prosecutors, from 750 to more than 2,000 people are considered victims of the blast. That includes the families of those killed and survivors of the bombing, some of whom weren't inside the building
Oklahoma Attorney General Drew Edmondson said he has asked federal officials to provide money to help victims attend: ``Every defense witness will be provided with a plane ticket and lodging to attend the trial, and I think it's appropriate that same right be granted to victims and families of victims.'' Edmondson said.
Also, Keating said he has called the governor of Colorado and the mayor of Denver to line up lodging for the victims' families.
Denver Mayor Wellington Webb said a city safety team has held preliminary meetings in anticipation of the move. ``People in Denver, given their Western ethic, will work with those families and work with the courts,'' Webb said.
The move to Denver pleased the defense attorneys.
``Colorado appears to be a district where we can get a fair trial based on the evidence,'' said Rob Nigh, one of McVeigh's attorneys.
LENGTH: Medium: 77 lines ILLUSTRATION: PHOTO: (headshot) Matsch. color.by CNB